3594 ARTICLE 16.
held at the call of the chairman and at such other times as the board may
determine. Such chairman, and in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if
absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be imme-
diately filed in the office of the board and shall be a public record.
Appeals to the Board of Zoning Appeals may be taken by any person
aggrieved or by any officer, department, board or branch of the munici-
pality affected by any decision of the building inspector or administrative
officer. Such appeals shall be taken within a reasonable time, as provided
by the rules of the board, by filing with the officer from whom the appeal
is taken and with the Board of Zoning Appeals a notice of appeal specify-
ing the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all papers constituting the record upon
which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from! whom the appeal is taken certifies to the
Board of Zoning Appeals after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay would, in
his opinion, cause imminent peril to life or property. In such case pro-
ceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board of Appeals or by a court of record on appli-
cation, on notice to the officer from whom the appeal is taken and on due
cause shown.
The Board of Zoning Appeals shall fix a reasonable time for the hearing
of the appeal, give public notice thereof, as well as due notice to the par-
ties in interest, and decide the same within a reasonable time. Upon the
hearing any party may appear in person or by agent or by attorney.
The Board of Zoning Appeals shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in
any order, requirement or decision, or determination made by an admin-
istrative official in the enforcement of this Act or of any ordinance pur-
suant thereto.
(2) To hear and decide special exceptions to the terms of the ordinance
upon which such board is required to pass under such ordinance.
(3) To authorize upon appeal in specific cases such variance from the
terms of the ordinance as is necessary to avoid arbitrariness and so that
the spirit of the ordinance shall be observed and substantial justice done.
In exercising the above mentioned powers such board may, in conform-
ity with the provisions of this Act, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision or determination as
should be made, and to that end shall have all the powers of the officer
from whom the appeal is taken.
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